ARTICLE 19 highlighted that the rights to freedom of expression and freedom of association are interrelated and interdependent.
This statement was originally published on article19.org on 29 July 2026.
ARTICLE 19 welcomes the opportunity to input and provide comments on the draft General Comment No. 38 on Article 22 of the International Covenant on Civil and Political Rights (ICCPR).
The UN Human Rights Committee, which oversees compliance with the ICCPR, is mandated to prepare general comments on its various articles and provisions with a view to assisting States parties in fulfilling their obligations. At its 44th session, the Committee decided to develop a General Comment on Article 22 of the ICCPR on the right to freedom of association.
We consider the rights to freedom of expression and freedom of association as interrelated and interdependent. We note the trend of increased State control over the legitimate operations of civil society under the guises of ‘national security’, ‘public order’, or ill-defined ‘transparency’. Within this trend, a particular subset of measures are presented as responses to malign foreign influence or interference. In recent years, legislative measures, including those that might be bundled under the umbrella term of ‘foreign agent’ laws, have been proposed, enacted, or made more restrictive in numerous countries and regions.
Overall, we find that the draft is strong and addresses many key challenges facing the exercise of these mutually reinforcing rights. Our submission focuses on the growing use of ‘foreign agent’ laws, as well as similar restrictive legislation and regulatory regimes under the guise of national security, and encourages strengthening guidance on these issues in the draft.
Co-funded by the European Union. This document has been produced with the financial assistance of the European Union. The contents of this document are the sole responsibility of ARTICLE 19 and can under no circumstances be regarded as reflecting the position of the European Union.
